IRS Releases Draft Forms For Employer Information Reporting Requirements under the ACA

Fraser Trebilcock Employee Benefits Attorney Health Care Law HIPAAAs set forth in our Client Alert dated March 11, 2014, the IRS requires employers and health insurance issuers to report on the health coverage offered and/or provided to individuals beginning calendar year 2015.

With respect to applicable large employers (generally employers with at least 50 full-time employees, including full-time equivalent employees), the reporting requirements are found under Code section 6056 and information must be reported on Form 1095-C, as well as on transmittal Form 1094-C.  If the applicable large employer also self-insures, there is a separate box to complete which incorporates the information required under Code section 6055.

With respect to employers of any size who self-insure, the reporting requirements are found under Code section 6055.  Non-applicable large employers must report their information on Form 1095-B, as well as on transmittal Form 1094-B.  Again, if the employer who self-insures is also an applicable large employer, the employer will instead use Forms 1095-C and 1094-C, which include a section for self-insured plans.

The IRS has released draft forms as well the following statement:

“On July 24, 2014, the IRS released draft forms that employers will use to report on health coverage that they offer to their employees. In accordance with the IRS’ normal process, these draft forms are being provided to help stakeholders, including employers, tax professionals and software providers, prepare for these new reporting provisions and to invite comments from them. We anticipate that draft instructions relating to the forms will be posted to in August. Both the forms and instructions will be finalized later this year.”

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The draft forms available here: Form 1094-B Form 1095-C Form 1095-B Form 1094-C

For more information on this issue, please contact Elizabeth H. Latchana at 517.377.0826 or